Jayanta Kumar Biswas - (1.) FACED with the question of maintainability, counsel for the petitioners prays for leave to withdraw the WP so that an appropriate WP on the self same cause of action can be filed. The WP has been filed by an association that is neither a natural nor a legal person. It is not that any of the respondents has taken any action against the association. The association has sought to espouse the cause of its members.
(2.) IT has no locus standi to espouse the cause of its members. It is also to be noted that the WP has not been filed as a public interest litigation. As is known, a WP can be filed only by a person aggrieved. Such a person can file the WP also through his constituted attorney. I think the oral prayer to withdraw the WP should be allowed. Hence I allow the prayer. This WP is dismissed. No costs. Certified xerox.;